TJ Hughes refusing refund

wealdroam

Soniclord wrote: »

The quality of the goods is no doubt okay, but they are unfit for purpose.

They are fit for purpose.
As mentioned in a previous post, maybe they could be 'not as described'.

Soniclord wrote: »

Yes I do believe TJ Hughes do have the facilities to try clothes on BUT you shouldn't 'have to' try clothes on. And if they're advertised at a size 8,10,12,14,16 etc then that's what they should be. Some people just don't feel comfortable trying clothes on (or just don't want to) that doesn't mean they're not entitled to a refund.

I thought eveyone understood that sizing of clothes was not universal.
I.e. a size 10 from one store could easily be a different size to a 10 from another store.

Soniclord wrote: »

Shoes can be tried on in store I'd assume. But again you shouldn't have to try them on if they are clearly labelled as a size 6 and indeed do look like a size 6. That doesn't detract from the fact if they're not fit for purpose then you are entitled to a refund. The shoes are a size bigger than what my other half usually takes but even they're way too small.

What prompted her to buy a size bigger than usual?
Did she perhaps try her usual size on in the store, found them too small so chose a size larger?
If so, why do they not fit when returning home?

Soniclord wrote: »

Also regardless of TJ Hughes/The administrators T&C's they can't refuse a refund as the Sales of Goods Act 1979 over-rules they're T&C's, it also states on the back of the receipt that they will offer a full refund within 28 days and that statutory rights are unaffected.

You may be able to rely on that '28 days' on the receipt.
Yes, SOGA says you are entitled to a refund if the goods are in some way faulty or not as described.
As you know SOGA does not allow for a refund if you change your mind.

Be careful... if you do manage to convince them that a SOGA refund is appropriate, I imagine it is entirely possible that an instant refund may not be given. It could be that you might become an unsecured creditor who may, in some months time, get something like a few pence in the pound.

arcon5

Soniclord wrote: »

If they don't fit then they can't be used as shoes can they lol.

You dont 'have to' try anything on in any shop, but if you choose the wrong size you do not have a statutory right to return either.

I am going to print out the page to show to staff. And my other half doesn't want to change them for the next size or 2 up. At the end of the day she's a size 5 and she shouldn't have to buy 1,2 or 3 sizes bigger than what she is just so they fit...

The point is not that the opportunity to inspect the goods and they could deem her to have accepted the size by purchasing them at all. Like i've already said you DON'T have to (nor can you be made to) try shoes on to ensure they fit, and if you get the home and they don't fit and you decide you want your money back then you are entitled to your money back.



And if she said she wanted a refund instead would you support her and help her to get what she's entitled to :T

Wrong, if they don't fit then they can still be used as shoes. They're just not suitable for your partner.

Retailers do NOT have a legal obligation to refund you if you change your mind or decide they do not fit afterall!
This is something generally offered as a gesture of goodwill.

If my partner wanted a refund and the store do not allow refunds, I wouldn't spit my dummy out. Note the way I said we would find out what their returns policy is first -- we wouldn't base it on a false impression that we as consumers have a right to a refund! If the store only allow exchanges she would get a better fitting size or credit note.
If they offered neither or she isn't happy with these terms, she either trys the item on first or doesn't buy the item at all and goes elsewhere -- because as already said, changing your mind and getting a refund is NOT a right, it's a privilege.

Your partner picked some shoes, inspected them, bought them and now decided they don't fit. Not all brands, retailed, manufacturers are the same or work on the same specifications, as newly discovered.

Simples.

mountainofdebt

Yes it would be nice wouldn't it if a size X was the same in different stores but I refer the gentleman to this

The phrase 'fit for purpose' means that the product is suitable for the use that they were intented for not that they will fit the wearer. So for example pair of waterproof boots that let the water in are not fit for purpose ; if I buy the same pair of boots but I can't wear them becuase they are too small, so long as they are waterproof, then they are fit for purpose.

(Text removed by MSE Forum Team)

Esqui

They said they'd allow you to exchange. Why not exchange for the correct size?

Soniclord

wealdroam wrote: »

What prompted her to buy a size bigger than usual?

Did she perhaps try her usual size on in the store, found them too small so chose a size larger?

She just said her usual size looked a little too small so she just bought a size bigger, nothing wrong with that.

wealdroam wrote: »

You may be able to rely on that '28 days' on the receipt.

I'll be going down that route first.

wealdroam wrote: »

Yes, SOGA says you are entitled to a refund if the goods are in some way faulty or not as described.
As you know SOGA does not allow for a refund if you change your mind.

Be careful... if you do manage to convince them that a SOGA refund is appropriate, I imagine it is entirely possible that an instant refund may not be given. It could be that you might become an unsecured creditor who may, in some months time, get something like a few pence in the pound.

We'll see but if that's the case they simply won't get the clothes back if they want to play that game. Give them the clothes back and get told to wait for a refund. I don't think so.. They can get knotted lol.

Also I just checked again and found this,

Please note that for goods purchased from the date of appointment onwards, we will only give refunds on goods which:

• Are faulty or not of satisfactory quality; or
• Are not fit for the purpose for which they were sold; or
• Do not correspond with their description or price indication; or
• Do not correspond with the sample on display

See the bit highlighted in bold. The clothes and shoes DO NOT correspond with their description, the clothes stated X size and the shoes also stated the size. So clearly if they say a size 14 lets's say and a size 6 shoe, for them not to be what the description says means they don't correspond with the description. That can't be argued surely.

And it also says IF the goods are faulty then they would be refunded, if needs be I'm sure they could be made 'faulty' hence a full refund given..

Soniclord

arcon5 wrote: »

If my partner wanted a refund and the store do not allow refunds, I wouldn't spit my dummy out.

You just put you wouldn't allow her to then quickly changed it to you wouldn't spit your dummy out, does she read the forums by any chance

I'm pretty sure if you said to her you wouldn't allow her she'd do it anyway lol.

Esqui wrote: »

They said they'd allow you to exchange. Why not exchange for the correct size?

Because why should she need to buy a size 2 or 3 times bigger than what she is just so they fit?

wealdroam

Soniclord wrote: »

And it also says IF the goods are faulty then they would be refunded, if needs be I'm sure they could be made 'faulty' hence a full refund given..

Once again I say... be careful.

From your original post...

Soniclord wrote: »

...please note that customers are not entitled to a refund if:

• they have simply changed their mind; or
• they have damaged the goods after they have purchased them; or
• they were aware of any defect prior to purchase.

mountainofdebt

Soniclord wrote: »

You won't be saying that tomorrow when I report we did get a full refund.

tbh I am fully expecting you to come back and say you got a refund - god forbid you would come back here and post that you didn't because the retailer told you (politely) go back and read the SOGA again but this time properly.

Soniclord wrote: »

Because why should she need to buy a size 2 or 3 times bigger than what she is just so they fit?

Because (as you fail to acknowledge repeatedly) different stores use different size measurements..

wealdroam

Soniclord wrote: »

Because why should she need to buy a size 2 or 3 times bigger than what she is just so they fit?

What??

If she buys shoes that fit her feet, does it matter what number is printed inside?

Soniclord

But they'd then have to prove they were damaged after purchase, it's only been 1 day since they were purchased and the potential 'fault' wasn't found till later tonight. That's of course if it comes to that. Which it won't. A refund will be given based on at the very least what the receipt says. Thanks for your replies.